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AUDIO CONFERENCE
Defining the Outside Limits to Accommodation
- MODERATORS -
 
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Matthew Certosimo

Employer Counsel
Borden Ladner Gervais
  
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Tim Gleason

Union Counsel
Sack Goldblatt Mitchell

- EXPERTS -
  
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Erin Kuzz

Employer Counsel
Sherrard Kuzz
 
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Joshua Phillips

Union Counsel
Green & Chercover

THE ISSUES:

Some of the questions addressed:

  • Job bundling, job restructuring, creating a new position — how far is an employer required to go?

  • Are the parties required to look outside the collective agreement for possible accommodation? e.g. promotion, demotion, transfer outside of the bargaining unit

  • How much innocent absenteeism is an employer required to tolerate? What conditions on attendance is an employer entitled to impose? Should disability-related absences be included in calculating attendance?

  • In what circumstances can an employer decline to explore accommodation measures on the ground that
    accommodation isn't possible?

  • When is an employer required to override the seniority rights of other employees?

  • How should unions balance the rights of the disabled employee against senior employees?

  • Can the disabled employee accept/waive some of the safety risks to be able to work?
 
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